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Democrats Gird for Supreme Court Battle

A central question is whether Senate Democrats, under pressure from the party’s base, will try to block Judge Gorsuch

With President Donald Trump's nomination of Judge Neil Gorsuch to the U.S. Supreme Court, Democrats and Republicans in Congress are bracing for what could be an ugly confirmation battle. WSJ's Shelby Holliday takes a closer look at what political options lawmakers could resort to. Photo: AP.

WASHINGTON—Leading Senate Democrats expressed reservations Tuesday about President
Donald Trump’s
Supreme Court nominee, as the party weighed whether to accede to intense pressure from its base to try to stymie the new administration.

Confirming Judge Gorsuch to the high court isn't likely to be an easy task. Senate Democrats say they will insist that he clear a 60-vote procedural hurdle—a stance that could end up sparking a partisan showdown over the chamber’s rules.

But it likely will take days before the intensity of the Democratic opposition becomes apparent. A number of Democratic senators quickly said they opposed the nomination, including
Elizabeth Warren
of Massachusetts,
Sherrod Brown
of Ohio and
Jeff Merkley
of Oregon. Mr. Merkley announced his stance even before Mr. Trump disclosed the selection.

But other Democrats were more restrained. “I still believe we must evaluate Judge Gorsuch’s record, legal qualifications and judicial philosophy,” said Sen.
Joe Manchin
of West Virginia, a centrist Democrat hailing from a state won by Mr. Trump last year. “I urge my colleagues to put partisan politics aside and allow the vetting process to proceed.”

A central question is whether Democrats, even if they oppose Judge Gorsuch’s nomination, will help Republicans meet the traditional 60-vote threshold in the Senate needed to allow the nomination to advance to a confirmation vote. Many Democrats said they had reservations about the nomination.

Sen.
Richard Blumenthal
(D., Conn.), who sits on the Senate committee that will first consider the nomination, said he had “deep, serious concerns” about the pick but had reached no conclusion about his vote.

Sen.
Charles Schumer,
the Senate Democratic leader, said that Judge Gorsuch must show that he is “within the legal mainstream,’’ adding: “Given his record, I have very serious doubts about Judge Gorsuch’s ability to meet this standard.’’

“Neil Gorsuch is a highly regarded jurist with a record of distinguished service, rooted in respect for the law…Sen. Schumer is about to tell Americans that Judge Gorsuch kicks puppies and heckles piano recitals. That’s hogwash,” said Sen.
Ben Sasse,
a Nebraska Republican.

Sen.
Ted Cruz
(R., Texas), who endorsed Mr. Trump for president after assurances about potential Supreme Court picks, called Judge Gorsuch “brilliant and immensely talented,“ adding that he had ”impeccable qualifications.”

Sen. Merkley, an Oregon Democrat, announced even before Judge Gorsuch was introduced as the nominee that he would oppose anyone picked by Mr. Trump. Liberal groups quickly called for others to follow suit.

“There is zero appetite among the public for weakness from Democratic politicians,” said
Stephanie Taylor,
co-founder of the Progressive Change Campaign Committee, a liberal advocacy group. “Especially after Republicans stole a Supreme Court seat, every Senate Democrat should join Sen. Jeff Merkley’s filibuster of Trump’s Supreme Court nominee.”

Democrats say the caucus is united behind maintaining Senate rules that require a Supreme Court nominee to clear a 60-vote threshold. Republicans control 52 seats in the chamber, meaning they likely would need eight Democrats to cross party lines.

If not enough Democrats are willing, Senate Republicans could use a procedural maneuver to change the body’s rules and impose a simple-majority threshold. That would follow in the footsteps of a similar decision by Democrats in 2013 to eliminate the 60-vote hurdle for lower-court judges and cabinet appointments.

“We reserve all options,” said Sen.
John Cornyn,
a Texas Republican and a member of the party’s leadership. He expressed hope that Democrats would help confirm the next Supreme Court nominee, however.